the university of alabama drug-free campus … free campus and... · the university of alabama...

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1 THE UNIVERSITY OF ALABAMA DRUG-FREE CAMPUS AND WOKPLACE POLICY This DRUG-FREE CAMPUS AND WORKPLACE POLICY applies to all members of the University community, including all full-time and part-time students; all full-time and part-time permanent and temporary employees, including faculty, administration, and all exempt and non-exempt staff; and all student employees and interns. It applies to behavior that occurs on the University campus, on property owned or controlled by the University, or at University-sponsored or University-supervised activities. This policy works in conjunction with the University of Alabama ALCOHOL AND OTHER DRUG POLICY FOR STUDENTS (including its appendices) and the ALCOHOL POLICY, which prescribes rules associated with the approved use of alcohol at designated University of Alabama locations. I. OVERVIEW OF POLICY ELEMENTS All members of the University community including faculty, staff, and students have the right to pursue their individual and collective goals in a healthy work and educational environment, one that is free of the effects of alcohol and substance abuse. Such abuse adversely affects the University's achievement of its mission and is not condoned. Responsibility for problems of substance abuse resides with each member of the University community. The University's principal approach to issues of alcohol and substance abuse entails a wide range of education, prevention, and assistance activities conducted within its academic curricula; educational programs to inform individuals of the effects and consequence of using alcohol or other substances; and comprehensive counseling programs for faculty, staff, and students. The University recognizes that alcohol and substance abuse are illnesses that are not resolved easily by personal effort but may require professional assistance and treatment. Faculty, staff, and students are encouraged to take advantage of the preventive, diagnostic, referral, and counseling services available through the University. All members of the University community have a personal responsibility to adhere to all applicable laws, policies, and regulations concerning the use of alcohol or other drugs. These include federal and state laws, city ordinances, the Code of Student Conduct, the faculty standards of conduct, and other University policy statements. Each vice president has been delegated the responsibility for coordinating University drug abuse education, prevention, and intervention activities serving individuals employed or functioning in his or her division. The University of Alabama continues its commitment to cooperate with the local school systems and area colleges, as well as other local, state, regional, and federal agencies, in addressing problems of substance abuse in its community. II. STANDARDS OF CONDUCT A. UNIVERSITY EMPLOYEES Prohibited Conduct: Unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance by any employee of The University of Alabama while he or she is at work for the University or at another site where the employee is carrying out assigned duties, is prohibited. The term "controlled substance" refers to any chemical substance whose distribution and/or use is controlled or prohibited by some law or statute, or whose distribution and/or use is

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THE UNIVERSITY OF ALABAMA

DRUG-FREE CAMPUS AND WOKPLACE POLICY

This DRUG-FREE CAMPUS AND WORKPLACE POLICY applies to all members of the University

community, including all full-time and part-time students; all full-time and part-time permanent

and temporary employees, including faculty, administration, and all exempt and non-exempt

staff; and all student employees and interns. It applies to behavior that occurs on the University

campus, on property owned or controlled by the University, or at University-sponsored or

University-supervised activities. This policy works in conjunction with the University of

Alabama ALCOHOL AND OTHER DRUG POLICY FOR STUDENTS (including its appendices) and the

ALCOHOL POLICY, which prescribes rules associated with the approved use of alcohol at

designated University of Alabama locations.

I. OVERVIEW OF POLICY ELEMENTS

All members of the University community —including faculty, staff, and students —have the

right to pursue their individual and collective goals in a healthy work and educational

environment, one that is free of the effects of alcohol and substance abuse. Such abuse adversely

affects the University's achievement of its mission and is not condoned. Responsibility for

problems of substance abuse resides with each member of the University community. The

University's principal approach to issues of alcohol and substance abuse entails a wide range of

education, prevention, and assistance activities conducted within its academic curricula;

educational programs to inform individuals of the effects and consequence of using alcohol or

other substances; and comprehensive counseling programs for faculty, staff, and students. The

University recognizes that alcohol and substance abuse are illnesses that are not resolved easily

by personal effort but may require professional assistance and treatment. Faculty, staff, and

students are encouraged to take advantage of the preventive, diagnostic, referral, and counseling

services available through the University. All members of the University community have a

personal responsibility to adhere to all applicable laws, policies, and regulations concerning the

use of alcohol or other drugs. These include federal and state laws, city ordinances, the Code of

Student Conduct, the faculty standards of conduct, and other University policy statements. Each

vice president has been delegated the responsibility for coordinating University drug abuse

education, prevention, and intervention activities serving individuals employed or functioning in

his or her division. The University of Alabama continues its commitment to cooperate with the

local school systems and area colleges, as well as other local, state, regional, and federal

agencies, in addressing problems of substance abuse in its community.

II. STANDARDS OF CONDUCT

A. UNIVERSITY EMPLOYEES

Prohibited Conduct: Unlawful manufacture, distribution, dispensation, possession, or use of a

controlled substance by any employee of The University of Alabama while he or she is at work

for the University or at another site where the employee is carrying out assigned duties, is

prohibited. The term "controlled substance" refers to any chemical substance whose distribution

and/or use is controlled or prohibited by some law or statute, or whose distribution and/or use is

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permitted by a prescription issued by a licensed practitioner. In order to ensure that all employees

are working in a safe, productive environment, the possession, distribution, or consumption of

alcoholic beverages is not permitted on the work site or on other University property during

normal working hours, unless such occurs in the course of an authorized business or special

University function which includes alcoholic beverages or where consumption was otherwise

approved by the University. By extension, no employee may report to work while under the

influence of alcohol.

Reporting of Convictions: Consistent with the DRUG-FREE CAMPUS AND WORKPLACE POLICY,

and as required by the Drug-Free Workplace Act of 1988, faculty and staff will, as a condition of

employment, abide by this Policy and notify Human Resources within five days if they are

convicted of violating any criminal drug statute as a result of any activity occurring at the

University of Alabama workplace or while engaged in work activities of the University.1 The

term conviction means a finding of guilt (including a plea of nolo contendere) or the imposition

of a sentence, or both, by any judicial body charged with the responsibility to determine

violations of federal or state criminal drug statutes.

Drug & Alcohol Testing Policy for Financial Affairs Employees: Certain safety-related positions

in Financial Affairs require pre-employment drug screening, and all financial affairs employees

are subject to drug testing.2

Sanctions: Violation of this Policy shall result in the prompt imposition of sanctions. These

sanctions may range from a reprimand, to required satisfactory participation in counseling or

rehabilitation programs, to termination of employment. Any necessary sanctions taken against

faculty, administrators, or staff will be carried out in accordance with policies and procedures

published in appropriate University personnel handbooks. Furthermore, this policy does not

affect current policies already in place in the health professional schools of the University, which

are designed to determine whether health professionals are impaired; however, any finding of

impairment because of unlawful use of controlled substances in the workplace shall be subject to

the disciplinary measures described above as well as to those imposed by the policy of the

University's health professional schools. See Section VII below.

B. STUDENTS

Students are required to comply with this policy, the ALCOHOL POLICY, and the ALCOHOL AND

OTHER DRUG POLICY FOR STUDENTS. A student or student organization may be disciplined for,

and is deemed in violation of the Code of Student Conduct for the unlawful use, possession, sale,

or distribution of any narcotic, drug paraphernalia, medicine, chemical compound, or other

controlled substance that is illegal under federal, state, or local laws. The University will take

disciplinary action against a student, group of students, or student organization for unauthorized

1 Certain University employees are required to self-disclose to Human Resources all post-employment criminal

convictions, other than minor traffic violations. Disclosure must be made within three business days of the

conviction. This requirement applies to all University faculty and staff and employees if they are convicted of

violating any criminal drug or alcohol statute as a result of any activity occurring at the University of Alabama

workplace or while engaged in work activities of the University. Such disclosure must be made on the Disclosure of

Criminal Convictions form found on the Human Resources website. The form must be returned to Human

Resources. 2 For more information about these policies, see HR Policy # 206 and 207, accessible at http://hr.ua.edu/hr-policy-

manual.

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use, possession, sale, or distribution of any controlled substance or illegal drug that occurs on

University property or as part of any University activity. A student or student organization may

also be disciplined for, and is deemed in violation of the Code of Student Conduct for, the

unlawful possession, or consumption on campus of alcoholic beverages, public drunkenness, or

violation of state or local laws regarding alcohol use or possession. Any disciplinary actions to

be taken and the disciplinary procedures to be applied for the fair adjudication of the alleged

violations will be in accordance with the Code of Student Conduct (See Section VII below).

III. AUTHORIZED USE OF ALCOHOL ON CAMPUS

The rules and regulations governing the use of alcohol on the University of Alabama campus

support and are consistent with local and state laws and with those regulations governing the use

and consumption of alcoholic beverages. In accordance with the University's desire to maintain a

healthy educational environment, these rules are intended to promote minimal use of alcoholic

beverages, and use in a responsible manner. Any alcohol used on the University of Alabama

campus is to be served in a responsible manner that adheres to a set of guidelines common to all

groups on campus, both student and non-student. The ALCOHOL AND OTHER DRUG POLICY FOR

STUDENTS3 contains rules with respect to the use of alcohol on campus by students, and contains

several appendices that delineate the guidelines for the consumption of alcohol in a legal, safe

and responsible manner, including the Social Event Planning Guidelines that student groups

must follow (APPENDIX D), and rules associated with Housing and Residential Communities

(APPENDIX E) and the Recreation Center (APPENDIX F). Each vice president is authorized to

establish an administrative framework for the control and regulation of the use of alcoholic

beverages by faculty, staff, and other members of the University community and their guests,

when they are functioning within or in relation to the vice president's division.

A. DESIGNATED LOCATIONS WHERE ALCOHOL MAY BE CONSUMED

The locations on campus where alcohol may be served and a general description of the rules and

approval process to obtain permission to serve is located in the University’s ALCOHOL POLICY,

accessible at http://policies.ua.edu/alcohol.html. In addition, the Hotel Capstone, located on

campus but neither owned nor operated by the University, maintains a license to sell and

dispense alcoholic beverages. Under certain circumstances or for certain University-wide events,

the President, Provost, and Vice Presidents of the University may designate other sites as

appropriate for the serving of alcoholic beverages. The public use areas of Bryant Denny

Stadium and all other athletic competition facilities are permanently restricted from any service

or sale of alcoholic beverages. All other locations on campus may be approved as appropriate

locations for specific events at which alcoholic beverages may be served. An application for a

Grounds Use Permit can include a request to allow the serving of alcohol provided such serving

complies with University policy, all state and local laws and regulations, and the additional

criteria set forth in the University’s Alcohol Policy.

3 The ALCOHOL AND OTHER DRUG POLICY FOR STUDENTS is accessible from the Office of Student Conduct website

(see http://www.sc.ua.edu/index.cfm, select Resources, then Alcohol and Other Drug Policy).

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B. ALCOHOL IN RESIDENTIAL FACILITIES

Students age 21 and older may possess alcohol in their rooms in University residence halls or

apartment complexes. Such beverages are restricted to personal use. Individuals violating

regulations governing use of alcohol in residential facilities will be subject to disciplinary action,

including possible eviction from the residential facility. Current rules related to the use of

alcohol in UA residential facilities are maintained in the Housing and Residential Communities

Community Living Standards.4

C. ADVERTISING AND SPONSORSHIP BY ALCOHOLIC BEVERAGE COMPANIES

The University does not accept alcoholic beverage companies' sponsorship of any University or

University-related activities, nor does it accept advertising by distillers or other alcoholic

beverage producers wherein:

a. Demeaning or discriminatory representations of individuals or groups are made

b. Any form of alcohol abuse or illegal use is encouraged

c. Emphasis is placed on quantity or frequency

d. Drinking is portrayed as a solution to personal or academic problems, or is shown as

necessary to social, sexual, or academic success, or

e. The consumption of alcohol is associated with the performance of tasks or the

operation of motor vehicles. Sponsorship, or advertising of University activities by

such entities as beer distributors or beer companies, is permitted only if responsible

drinking programs and related educational activities are the predominant focus of

advertising.

IV. APPLICABLE FEDERAL, STATE, AND LOCAL LAWS AND PENALTIES CONCERNING THE

UNLAWFUL POSSESSION OR DISTRIBUTION OF ILLICIT DRUGS AND ALCOHOL

Most people know that selling illicit drugs is a criminal offense punishable by fines and/or

imprisonment, and that driving while intoxicated or under the influence of drugs can result in

driver's license revocation or even imprisonment in some cases. It is less well known that an

individual under the age of 21 can be arrested and jailed for purchasing or even attempting to

purchase alcohol. Also, most students are unaware that a drug conviction under state or federal

law may make a student ineligible for federal financial aid (loans, grants, work study) if the

drug-related offense was committed while the student was receiving aid.5

The following paragraphs, including ATTACHMENTS 1 – 3, contain an overview of federal, state,

and local laws governing the possession, use, and distribution of controlled substances and

alcohol. It is not intended to be an exhaustive or definitive statement of various laws, but rather

is designed to indicate the types of conduct that are against the law and the range of legal

sanctions/penalties that can be imposed. Students should also refer to the Office of Student

Conduct website (http://www.sc.ua.edu/) for common sanctions imposed for Code of Student

4 These rules are incorporated as APPENDIX E to the ALCOHOL AND OTHER DRUG POLICY FOR STUDENTS and are

separately accessible at http://housing.ua.edu/on_campus/com_living_standards.cfm. 5 For more information about impact on financial aid, see https://studentaid.ed.gov/eligibility/criminal-

convictions#drug-convictions.

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Conduct alcohol and drug violations (select Resources, Common Sanctions) and for a list of

criminal offenses and violations for which University students are most frequently cited and

typical settlements (select Resources, Law/Ordinances).

A. FEDERAL DRUG OFFENSES AND PENALTIES

Possession of Controlled Substances: Federal drug possession penalties generally consider only

the drug violation history of the offender. With one exception (when the possession is for

personal use for which a civil penalty up to $10,000 may be imposed if first offense), federal

penalties for a person convicted of possession of any type or amount of a controlled substance

can be:

• up to one year in prison and a minimum fine of $1,000 for a first offense;

• a minimum of 15 days and a maximum of two years in prison and a minimum fine of

$2,500 for a second drug offense; and

• a minimum of three months and a maximum of three years in prison and a minimum

fine of $5,000 for a third drug offense.

Persons convicted of possession of certain amounts of a mixture or substance containing cocaine

base such as crack cocaine face much stiffer penalties under ―mandatory minimum‖ sentencing,

including at least five years in prison, not to exceed 20 years and fined a minimum of $1,000 or

both, if:

a) first conviction and the amount of crack possessed exceeds five grams;

b) second crack conviction and the amount of crack possessed exceeds three grams; or

c) third or subsequent crack conviction and the amount of crack possessed exceeds one

gram. 21 U.S.C. 844(a).

Federal Drug Trafficking: Federal drug trafficking penalties consider the type and amount of the

drug involved, the offender’s drug violation history, and other factors. The US Drug

Enforcement Administration (DEA) maintains a list of penalties for federal trafficking offenses,

a copy of which is incorporated at the end of this policy as ATTACHMENT 1. Generally, for each

drug, there is a threshold amount that brings the offender under the mandatory minimum

sentencing structure. When death or serious bodily injury results from use of the drugs, first time

offenders are subject to a sentence of 20 years to life, and repeat offenders are subject to a

mandatory life sentence. A first offense of distributing to persons under age 21 may be

punishable by twice the maximum sentence, and three times for second offenses. (21 U.S.C. §

859). If the trafficking is on premises in which a person under age 18 is present or resides, an

additional penalty up to 20 years imprisonment may be imposed. (21 U.S.C. § 860a). Persons

convicted of trafficking within 1,000 feet of a school or college face penalties twice as high as

the maximum penalties, with a mandatory one year prison sentence for first offenses, and three

times as high for second offenses. (21 U.S.C. § 860).

Drug Paraphernalia: Any person who sales or offers to sale or transports, exports or imports

drug paraphernalia is subject to three years imprisonment. (21 U.S.C. § 863).

Other Penalties: A federal drug conviction may result in the loss of federal benefits, including

school loans, grants, scholarships, contracts, and professional and commercial licenses for up to one

year for a first offense and up to five years for subsequent offenses. (21 U.S.C. § 862). Federal drug

trafficking convictions may result in denial of federal benefits for up to five years for a first

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conviction; possession convictions may result in denial of federal benefits for up to one year for a

first conviction and up to five years for subsequent convictions. (21 U.S.C. § 862). In addition, for

crimes punishable by more than one year in prison, the person will forfeit personal or real property

related to the violation, including houses, cars, and other personal belongings (21 U.S.C. § 853 (a)(2)

& 881(a)(7)), or vehicles, boats or other conveyance used to transport or conceal controlled

substances (21 U.S.C. § 881(a)(4). Finally, persons convicted are ineligible to receive or purchase a

firearm. (18 U.S.C. 922(g)).

B. STATE OF ALABAMA DRUG OFFENSES AND PENALTIES

A list of Alabama statutes regarding controlled substances, marijuana and drug paraphernalia is

incorporated at the end of this policy and enclosed as ATTACHMENT 2. Crimes involving

controlled substances range from Class A to Class C felonies, punishable by substantial prison

terms and/or fines, with enhanced penalties if controlled substances are sold to persons under 18

years of age or within a three-mile radius of campus boundaries of a college or school.

Possession of marijuana for personal use is a Class A misdemeanor for the first offense, but

elevated to a Class C felony for a second offense. Possessing drug paraphernalia is a Class C

misdemeanor, but elevated to a more serious Class B felony if sold to a person under 18 years of

age. The Department of Public Safety may suspend a driver’s license for six months for persons

convicted of a drug offense.

C. STATE AND LOCAL ALCOHOLIC BEVERAGE LAWS AND PENALTIES

A list of Alabama statutes and City of Tuscaloosa ordinances regarding alcohol-related laws and

penalties is incorporated at the end of this policy as ATTACHMENT 3. Most offenses expose a

student to 30 days to six months in jail and a fine no greater than $500. Penalties for DUI

increase with the number of offenses, with the fourth DUI exposing a student to a felony charge,

with imprisonment from 1-10 years and fine from $4,100 to $10,100. Significantly, the fourth

DUI results in mandatory revocation of the person’s driver’s license for five years. Adults who

authorize a party at a residence they control and allow the party to continue with persons under

age 21 illegally possessing or consuming alcohol without taking reasonable action to prevent it

expose themselves to a $3,000 fine and up to six months in jail. Finally, in addition to criminal

penalties, civil monetary damages are available through the Alabama Civil Damages Act and/or

Alabama Dram Shop Act if injuries are caused by a minor who has consumed alcohol.

V. HEALTH RISKS ASSOCIATED WITH USE OF CONTROLLED SUBSTANCES AND ABUSE OF

ALCOHOL

Substance abuse and drug dependency are problems of staggering proportions in our society

today. They are the leading causes of preventable illness, disability, and death in the U.S. and are

estimated to afflict 25.5 million Americans. This number increases dramatically when one

considers the harm done to the families of substance abusers as well as to those injured or killed

by intoxicated drivers or in drug-related work accidents. Alcoholism may develop in anyone. It

tends to appear first between the ages of 20 and 40 and also to be more prevalent in persons with

a family history of alcoholism.

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ALCOHOL

Alcoholism is a disorder that has profound psychological, biological, and societal effects.

Directly, it affects over 18 million people; indirectly, it affects another 56 million. It is usually

characterized by one of three different patterns:

1. Regular daily intoxication;

2. Drinking large amounts of alcohol at specific times;

3. Periods of sobriety interspersed with periods of heavy daily drinking.

The disorder is usually progressive, and physical dependence can develop; if this happens,

serious, sometimes life threatening symptoms can develop when alcohol is withdrawn. Short

term effects of alcohol use can include depression, gastritis, liver disease, automobile accidents,

and domestic violence. Chronic alcohol abuse can produce irreversible health changes, including

dementia, sexual impotence, cirrhosis of the liver, and heart disease. Death can occur either as a

complication of one of these chronic problems, or acutely, secondary to alcohol intoxication by

poisoning or to aspiration of vomitus, or as the result of any automobile accident while driving

intoxicated.

MARIJUANA (CANNABIS)

Marijuana is the most commonly used illegal drug in the United States. Though physiological

consequences do depend on frequency, duration, and quantity of use, marijuana use has been

linked to impairment of short term memory, concentration, judgment, perception, and fine motor

skills. Thus the use of this drug increases the risk of machinery or motor vehicle accident and

injury, for four to six hours after ingestion. Impairment of memory may last for three to six

months, even if use of the drug is discontinued completely. The active chemical in marijuana

(THC) remains stored in body fat cells long after ingestion. Marijuana use is associated with

chronic anxiety, depression, and paranoid feelings. It can exacerbate or increase significantly

underlying emotional problems. Frequent and/or ongoing use by children and adolescents may

have long term developmental consequences resulting in lack of motivation, apathy, and

difficulty managing current stresses and responsibilities, as well as making appropriate plans for

the future. Pregnant women who use marijuana may be at a higher risk for giving birth to

children with developmental or birth defects.

HALLUCINOGENS

This category includes drugs such as lysergic, acid diethylamine (LSD, also known as "acid"),

mescaline, and peyote. These drugs cause delusions, hallucinations, and impaired perception of

time and space. Phencyclidine (PCP or "angel dust") and amphetamine variants known as

"ecstasy" are included in this category, though they rarely cause hallucinations in the true sense.

They are, however, potent drugs that have mind-altering effects and impair perception and

cognition. Hallucinogens can produce a "bad trip" with anxiety, agitation, hallucinations, and

paranoia leading to impulsive behavior. After a "bad trip" the person can be subject to

"flashbacks," which are recurrences of the experiences of the "bad trip" without taking any more

of the drug. Psychosis and impaired thinking may result after long-term use.

COCAINE

The use of cocaine, an illegal stimulant drug, has risen dramatically in the United States. Other

names for this drug are code, C., lady, and snow. Cocaine is a white powder that is snorted,

injected into veins, or smoked freebase or as "crack." Crack is a crystalline form of cocaine that

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is also known as "rock," from its small, white rock-like appearance. ("Speed balls" are cocaine

mixed with heroin, which is a particularly dangerous combination.) Crack produces the most

intense cocaine high; addiction can occur after using it only once or twice. Cocaine highs are

characterized by feelings of extreme happiness and a sense of limitless power and energy.

However, the physical effects include high blood pressure and heart palpitations. A cocaine

"crash" follows the high and includes symptoms of depression, dullness, great irritability, and

paranoia. Serious medical complications occur with cocaine use, such as heart attacks (even in

young people), seizures, and strokes due to high blood pressure. The psychological effects of

cocaine use include violence, paranoia, and personality changes as well as symptoms such as

depression, anxiety, and confusion. Pregnant women using cocaine have increased risk of

miscarriages and still-births. Newborns addicted to cocaine are irritable, unresponsive, prone to

have malformed kidneys and genitals, and to have heart attacks and strokes. Addiction to cocaine

controls aspects of the user's life, impinges on the lives of those closest to the user, and occurs in

people of all ages, classes, and educational levels.

AMPHETAMINES AND OTHER STIMULANTS

In addition to cocaine, a number of other drugs stimulate the nervous system and are very

addictive. Most of them belong to the amphetamine family of drugs. Dexedrine (present in "diet"

pills) may at times be prescribed by a physician, but its use as a legitimate medication is now

infrequent. Street drugs of the amphetamine group include "ecstasy" and "ice." Ice is a smokable

amphetamine compound that is very potent, and the effects are long-lasting and devastating. The

health risks of these and other stimulants are similar to those of cocaine use.

NARCOTICS, INCLUDING HEROIN

Various medications are taken to relieve pain. Most non-prescription pain relievers (such as

aspirin, Tylenol, Motrin, and Nuprin) are not considered addictive. However, there is a class of

stronger pain relievers, available by prescription only, which are referred to as narcotics and

most of which are opiates. Examples of these drugs include morphine, codeine, Tylenol No.3,

Darvon, Darvocet, Percocet, Percodan, Demerol, and certain prescription cough medicines.

These drugs differ from non-prescription pain relievers in their potential for abuse and

dependence. With close medical supervision, these drugs may be safely used in specific medical

circumstances for a limited time. However, addiction may occur and the person may not want to

stop the drug even when the pain has stopped. Tolerance to the drug is shown by an increase in

the amount of drug necessary to relieve pain. This becomes progressive and leads to the craving

or need for larger and larger doses, without which the person becomes extremely uncomfortable

and physically ill. The time may come when the person "needs" such a large dose of the drug that

is poisonous or lethal. Under these circumstances, coma, suffocation, and death may ensure. The

malignant course of this problem is similar to that of addiction to heroin. Although heroin is not

available by prescription, it is a narcotic which belongs to the same chemical family as the above

drugs. The use of heroin is mainly by injection into a vein, which carries the additional medical

dangers of contracting AIDS and hepatitis from unclean needles and syringes.

SEDATIVES AND TRANQUILIZERS

The barbiturates and the benzodiazepines are two of the most commonly used classes of

sedatives. The barbiturates (such Phenobarbital, Seconal, and Amytal) are highly addictive and

can be fatal if taken in excess. Although they still have medical uses, they have largely been

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replaced by the benzodiazepines, used for relief of anxiety and to promote sleep. The

benzodiazepines include such drugs as Valium, Librium, Ativan, Xanax, Dalmane, Halcion, and

Restoril. While safe and effective at moderate doses for short periods of time (weeks), all the

benzodiazepines have a potential for physical and psychological dependence if used at higher

doses for longer periods of time. Frequently the benzodiazepines are abused by adults who

become dependent on them because of their anti-anxiety effects. Other tranquilizers which may

be abused include methaqualone (Quaaludes), Doriden, and Equanil. Intoxication may result

from benzodiazepine use and resembles alcoholic drunkenness. Drowsiness, slurred speech,

unsteady gait, and lack of coordination are common signs. The effects of the benzodiazepines

(and the barbiturates and other sedatives) add to those of alcohol; taken together, they can lead to

coma and even death. Withdrawal from benzodiazepines resembles alcohol withdrawal and is

most apparent if the drugs are stopped abruptly. Withdrawal takes place within hours to days of

stopping the drug. Once a person is addicted to benzodiazepines, a physician should supervise

the plan for gradually stopping them, to minimize the serious effects of withdrawal.

IMPACT OF SUBSTANCE ABUSE ON FAMILIES

Families are often gravely affected by a substance-abusing member. This can occur on many

levels. As a very direct, physiological consequence, the infants of alcohol and cocaine-abusing

mothers often have low birth weight and may suffer from malformations and a variety of

developmental problems. In addition, abusers often affect the economic well-being of their

families as their inability to hold down a job or, in some instances, their stealing from relatives

reduces the family's financial means and stability. In many cases substance abuse leads to

violence at home. Substance abuse takes an emotional toll on the functioning of individual

members and the family as a whole. Family members may actively deny the problem, may

become symptomatic in an effort to deflect attention from the substance-abusing member, or

may assume the abuser's responsibilities at home and even at work. On the other hand, very often

the family's intervention with the user is an essential step in getting the abusing member to seek

treatment. Support groups or family members, such as Al-Anon or COC-Anon, as well as family

therapy can provide needed assistance to families as they confront the destructive effects of the

user's addiction.

RECOGNIZING SIGNS AND SYMPTOMS OF ALCOHOL AND SUBSTANCE ABUSE

Everyone occasionally has days when they exhibit behavior not normally associated with an

educational or work environment nor characteristic of himself or herself. Unusual behavior

during times of stress can be understood and accepted. However, when unusual behavior is

displayed on a gradually increasing scale accompanied by general decline in work habits over a

period of time, it indicates that an individual needs professional help. Below are some of the

more common signs or symptoms of unusual behavior.

ABSENTEEISM AND TARDINESS

Arriving late and leaving early

Absences before and after payday or holidays

Sporadic but significant use of sick time

Taking frequent breaks

Unexplained absences

Friday and Monday absences

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Absences due to accidents both on and off the work site

IMPAIRED JOB PERFORMANCE

Increasing operating errors

Lost time on the job

"Putting things off"

Irresponsibility in completing tasks

Faulty decision making

Increased accident rates

Wasted materials or damaged equipment

High performance that slowly declines over time

Job performance that becomes focused on a specialized, repetitious activity (rather than

the entire array of job duties)

Irregular or non-existent office hours

Sudden, extreme gaps in performance (missing a grant deadline, unexpected missing of

final exams)

UNUSUAL INTERPERSONAL INTERACTIONS

Sudden emotional outburst including anger, tears, laughter

Mood swings, especially early or late in the work day

Overreactions to criticism

Blaming others for poor performance

Making inappropriate statements

Rambling or incoherent speech

Isolation from co-workers or increasing social withdrawal

Disinterest in teamwork

DECLINING PHYSICAL APPEARANCE (SUDDEN OR GRADUAL)

Poor personal hygiene (e.g., body odor or dirty hair, nails, and skin)

Less interest in dress and appearance (or a noticeable decline from previous

meticulousness)

Glazed or red eyes

Slurred speech

Poor coordination, staggering

Tremors, poor eye-hand coordination

Frequent gastrointestinal distress

Deterioration of oral hygiene

OTHER SIGNS

Legal problems, such as arrest for driving under the influence (DUI)

Domestic situation, including children's drug use (children of alcoholics sometimes have

drug abuse problems)

Financial concerns, such as high debt load, bad loans, wages garnished, unusual spending

patterns

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VI. DRUG OR ALCOHOL COUNSELING, TREATMENT AND REHABILITATION PROGRAMS

AVAILABLE TO STUDENTS AND EMPLOYEES

A. STUDENTS

The University of Alabama maintains as APPENDIX I to its ALCOHOL AND OTHER DRUG POLICY

FOR STUDENTS a current list of resources for students who are concerned about their own use of

alcohol and/or drugs, or a friend who is misusing the substances. In addition, programs are

described on various websites, in the Annual Campus Security Report,

http://police.ua.edu/csr.html, and in UA’s biennial review.

Counseling Center: 1101 Jackson Ave., or call (205) 348-3863 to visit with a licensed counselor

for counseling, prevention, and screening (www.sa.ua.edu/Counseling).

University Police: 1110 Jackson Ave., or call (205) 348-5454 for campus violence or emergency

issues; dial 911 if it is an emergency (www.police.ua.edu).

Women’s Resource Center: On-call advocate (205) 348-5040 (http://wrc.ua.edu).

Student Health Center: 750 5th

Ave. East (corner of University Blvd. and 5th

Ave East), or call

(205) 348-2778 to visit with a medical professional (www.shc.ua.edu). Other services include:

Health Promotion & Wellness for information and prevention education call

(205) 348-3878

AlcoholEdu for College™ is an online population level alcohol education course

required for all incoming students (www.alcoholedu.ua.edu/freshmen.html).

AlcoholEdu for Sanctions™ is an online alcohol educational supplement used by

Office of Student Conduct for students who have incurred an alcohol related

violation, student organizations and parents may also request this

program(www.alcoholedu.ua.edu/sanctions.html).

AlcoholEdu for Parents™ is a resource available to parents of all students designed to

support your conversations about alcohol that will help shape the decisions your

student must make in college surrounding alcohol use

(www.alcoholedu.ua.edu/parents.html).

Substance Abuse Services provides assessment, diagnosis, individual and group therapy

services directly to students as well as case management by licensed addiction specialist

(205) 348- 8262 (www.shc.ua.edu/sas ).

Collegiate Recovery Community is for students who have made a commitment to lead

sober, healthy lives (205)348-0943 (www.recovery.ua.edu)

Emergencies:

Call 911 or 9-911 from a campus phone

DCH Regional Medical Center Emergency Room

809 University Blvd. E. (205) 759-7111

Crisis Line-Tuscaloosa (205) 345-1600

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B. UNIVERSITY EMPLOYEES

The University’s group health plan provides to benefit-eligible employees alcohol and drug

abuse rehabilitation benefits, which is covered at 100% of the allowance, subject to the medical

deductible, in participating substance abuse facilities. In addition, UA’s Employee Assistance

Program (EAP) offers free assessment, short-term counseling, and referral services for faculty,

staff and their dependents. In addition, the program is intended to provide crisis intervention, as

well as training or consultation services for administrators and supervisors, who need to know

how to identify or make referrals for individuals whose personal problems are affecting work

performance and unit morale. Information about health insurance and the EAP is maintained on

the UA Benefits website.

Facilities for referral to employees experiencing drug or alcohol-related health issues in the

Tuscaloosa area are:

DCH Regional Medical Center, which can provide detoxification services

Indian Rivers Mental Health Center and the Recovery Center, which offers

comprehensive alcohol and drug rehabilitation on an outpatient basis

A number of other public and private treatment and rehabilitation services in the region

that maintain relationships with appropriate offices or facilities of the University.

VII. UNIVERSITY DISCIPLINARY SANCTIONS FOR CONTROLLED SUBSTANCE USERS AND

ALCOHOL ABUSERS

Various disciplinary procedures are applicable to faculty, staff, and students. Violations of the

standard of conduct will be dealt with on a case-by-case basis, with the imposition of discipline

appropriate to the severity of the violation. For each group in the University community, there

are certain common sanctions that can be applied in an appropriate case. These common

sanctions include letters of reprimand, probation, and severance of ties with the University

through expulsion or termination. Normally, opportunity for referral to an appropriate

rehabilitation program occurs, if the violation is a first offense. Referral for prosecution

undoubtedly will occur only for the most serious violations. All disciplinary procedures and

appeals currently applicable to students and all categories of employees will continue to be

available for violations of this policy.

Students: Students who violate any provision of the University's DRUG-FREE CAMPUS AND

WORKPLACE POLICY will be held accountable for their behavior and will be subject to

appropriate disciplinary action, consistent with local, state, and federal law, and the provisions of

the Code of Student Conduct. Such action may include mandatory counseling, a reprimand and

warning, loss of privileges, disciplinary probation, community service, restitution, attendance at

alcohol and substance abuse classes, suspension, expulsion, and/or referral to the proper law

enforcement authorities for prosecution. Common sanctions for students for drug and alcohol

offenses imposed by the Office of Student Conduct are publicized on that office’s website, at

http://www.sc.ua.edu/ (select Resources, Common Sanctions).

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Employees: Employees who violate this policy will be held accountable for their behavior and

will be subject to appropriate disciplinary action, consistent with the Faculty Handbook

Mediation and Grievance System (to the extent applicable), other applicable University policy

and with local, state and federal law. Such action may include mandatory counseling, mandatory

participation in an appropriate rehabilitation program, a warning, a reprimand, strict probation,

unpaid suspension from employment, termination of employment, and/or referral to the proper

law enforcement authorities for prosecution.

VIII. EVALUATION

The University, through its Alcohol and Other Drug Biennial Work Group, conducts a biennial

review of its drug abuse prevention program to determine its effectiveness, implement needed

changes, and ensure that disciplinary sanctions are enforced consistently. Certain parameters

which may be evaluated and reviewed on a biennial basis include:

a. the number of disciplinary actions issued,

b. the number of students involved in classes and counseling session,

c. the number of drug and alcohol arrests by the University Police,

d. the number of recorded violations of housing regulations for drug and alcohol

violations,

e. the amount of vandalism in the residence halls,

f. the number of incidents of violence (rapes, assaults, etc.), and

g. the outcomes of treatment, assessed at prescribed follow-up intervals.

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Federal Trafficking Penalties for Schedules I, II, III, IV, and V (except Marijuana)

Schedule Substance/Quantity Penalty Substance/Quantity Penalty

II Cocaine 500-4999 grams mixture

First Offense: Not less than 5 yrs. and not more than 40 yrs. If death or serious bodily injury, not less than 20 yrs. or more than life. Fine of not more than $5 million if an individual, $25 million if not an individual. Second Offense: Not less than 10 yrs. and not more than life. If death or serious bodily injury, life imprisonment. Fine of not more than $8 million if an individual, $50 million if not an individual.

Cocaine 5 kilograms or more mixture

First Offense: Not less than 10 yrs. and not more than life. If death or serious bodily injury, not less than 20 yrs. or more than life. Fine of not more than $10 million if an individual, $50 million if not an individual. Second Offense: Not less than 20 yrs, and not more than life. If death or serious bodily injury, life imprisonment. Fine of not more than $20 million if an individual, $75 million if not an individual. 2 or More Prior Offenses: Life imprisonment. Fine of not more than $20 million if an individual, $75 million if not an individual.

II Cocaine Base 28-279 grams mixture

Cocaine Base 280 grams or more mixture

IV Fentanyl 40-399 grams mixture

Fentanyl 400 grams or more mixture

I Fentanyl Analogue 10-99 grams mixture

Fentanyl Analogue 100 grams or more mixture

I Heroin 100-999 grams mixture

Heroin 1 kilogram or more mixture

I LSD 1-9 grams mixture

LSD 10 grams or more mixture

II Methamphetamine 5-49 grams pure or 50-499 grams mixture

Methamphetamine 50 grams or more pure or 500 grams or more mixture

II PCP 10-99 grams pure or 100-999 grams mixture

PCP 100 grams or more pure or 1 kilogram or more mixture

Substance/Quantity Penalty

Any Amount Of Other Schedule I & II Substances

First Offense: Not more that 20 yrs. If death or serious bodily injury, not less than 20 yrs. or more than Life. Fine $1 million if an individual, $5 million if not an individual. Second Offense: Not more than 30 yrs. If death or serious bodily injury, life imprisonment. Fine $2 million if an individual, $10 million if not an individual.

Any Drug Product Containing Gamma Hydroxybutyric Acid

Flunitrazepam (Schedule IV) 1 Gram

Any Amount Of Other Schedule III Drugs

First Offense: Not more than 10 yrs. If death or serious bodily injury, not more that 15 yrs. Fine not more than $500,000 if an individual, $2.5 million if not an individual. Second Offense: Not more than 20 yrs. If death or serious injury, not more than 30 yrs. Fine not more than $1 million if an individual, $5 million if not an individual.

Any Amount Of All Other Schedule IV Drugs (other than one gram or more of Flunitrazepam)

First Offense: Not more than 5 yrs. Fine not more than $250,000 if an individual, $1 million if not an individual. Second Offense: Not more than 10 yrs. Fine not more than $500,000 if an individual, $2 million if other than an individual.

Any Amount Of All Schedule V Drugs First Offense: Not more than 1 yr. Fine not more than $100,000 if an individual, $250,000 if not an individual. Second Offense: Not more than 4 yrs. Fine not more than $200,000 if an individual, $500,000 if not an individual.

1

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Attachment 1 - University of Alabama Drug-Free Campus and Workplace Policy
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Federal Trafficking Penalties for Marijuana, Hashish and Hashish Oil, Schedule I Substances

Marijuana 1,000 kilograms or more marijuana mixture or 1,000 or more marijuana plants

First Offense: Not less than 10 yrs. or more than life. If death or serious bodily injury, not less than 20 yrs., or more than life. Fine not more than $10 million if an individual, $50 million if other than an individual. Second Offense: Not less than 20 yrs. or more than life. If death or serious bodily injury, life imprisonment. Fine not more than $20 million if an individual, $75 million if other than an individual.

Marijuana 100 to 999 kilograms marijuana mixture or 100 to 999 marijuana plants

First Offense: Not less than 5 yrs. or more than 40 yrs. If death or serious bodily injury, not less than 20 yrs. or more than life. Fine not more than $5 million if an individual, $25 million if other than an individual. Second Offense: Not less than 10 yrs. or more than life. If death or serious bodily injury, life imprisonment. Fine not more than $8 million if an individual, $50million if other than an individual.

Marijuana 50 to 99 kilograms marijuana mixture, 50 to 99 marijuana plants

First Offense: Not more than 20 yrs. If death or serious bodily injury, not less than 20 yrs. or more than life. Fine $1 million if an individual, $5 million if other than an individual. Second Offense: Not more than 30 yrs. If death or serious bodily injury, life imprisonment. Fine $2 million if an individual, $10 million if other than an individual.

Hashish More than 10 kilograms

Hashish Oil More than 1 kilogram

Marijuana less than 50 kilograms marijuana (but does not include 50 or more marijuana plants regardless of weight) 1 to 49 marijuana plants

First Offense: Not more than 5 yrs. Fine not more than $250,000, $1 million if other than an individual. Second Offense: Not more than 10 yrs. Fine $500,000 if an individual, $2 million if other than individual.

Hashish 10 kilograms or less

Hashish Oil 1 kilogram or less

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ATTACHMENT 2 - UNIVERSITY OF ALABAMA DRUG-FREE CAMPUS AND WORKPLACE POLICY

STATE OF ALABAMA CONTROLLED SUBSTANCES/MARIJUANA VIOLATIONS AND PENALTIES

VIOLATION PENALTIES* AL CODE §

CONTROLLED SUBSTANCES

Trafficking: Knowingly sells, manufactures,

delivers or brings into state cannabis (in any of its

forms), cocaine, heroin, morphine, opium,

methaqualone, hydromorphine, methylenedioxy

amphetamine, phencyclidine, lysergic acid

diethylamide, methamphetamine, or LSD

Class A Felony.

Imprisonment & fines dependent on amounts

Prison: Ranges from 3 years to mandatory life

in prison without parole

Fine: Ranges from $50,000 - $250,000

13A-12-231

Sale of controlled substance by person over 18 to

person under 18

Class A Felony. Not eligible for suspended

sentence or probation

Prison: 10-99 years or life

Fine: Not more than $60,000

13A-12-215

Sale of controlled substance that is on the campus

or within a 3-mile radius of campus boundaries of

any public or private school, college, university or

other educational institution or of public housing

Class A Felony.

Prison: Add five years to penalty

13A-12-250

13A-12-270

Engages in a criminal enterprise, in connection

with 5 or more persons, to traffic in illegal drugs

Class A Felony. Prison: 25 years to life w/o

eligibility for parole; Fine: Not more than

$500,000; 2nd

offense: Prison: mandatory life

Fine: $150,000 - $1,000,000

13A-12-233

Manufacturing controlled substance if 2 or more

of following conditions are present: possession of

firearm, use of booby trip, use of clandestine lab

within 500 feet of a residence or school, the

presence of someone under 17 years of age during

the manufacturing process

Class A Felony. Not eligible for suspended

sentence or probation

Prison: 10-99 years or life

Fine: Not more than $60,000

13A-12-218

Manufacture of a controlled substance Class B Felony. Prison: 2-20 years

Fine: Not more than $30,000

13A-12-217

Distribution of controlled substances (furnished,

sold, given away, manufactured, delivered or

distributed)

Class B Felony. Prison: 2-20 years

Fine: Not more than $30,000

13A-12-211

Possession or receipt of controlled substances Class C Felony. Prison: 1-10 years

Fine: Not more than $15,000

13A-12-212

Person convicted of attempt, criminal solicitation

& criminal conspiracy to commit controlled

substance crime

Punishable the same as the crime itself 13A-12-202

(c); -203(c);

-204(c)

MARIJUANA & DRUG PARAPHERNALIA

Possession of marijuana in first degree (other than

personal use or previously convicted of

possession in second degree)

Class C Felony. Prison: 1-10 years

Fine: Not more than $15,000

13A-12-213

Possession of marijuana in second degree (for

personal use only)

Class A Misdemeanor. Jail: Not more than 1

year; Fine: Not more than $6,000

13A-12-214

Use, possession, delivery, or sale of drug

paraphernalia

Class B Felony for sale to one under 18 by one

over 18. Prison: 2-20 years; Fine: Not more

than $30,000

Class C Felony for sale. Prison: 1-10 years;

Fine: Not more than $15,000

Class C Misdemeanor for possession. Jail: Not

more than 3 months; Fine: Not more than $500

13A-12-260

* Imprisonment sentences for felonies: §13A-5-6 & for misdemeanors:§13A-5-7; fines for felonies: §13A-5-11 & for

misdemeanors: §13A-5-12. Driver’s license suspended for 6 months for any drug offense conviction (§13A-12-290).

Note: A drug conviction under state or federal law may make a student ineligible for federal financial aid (loans, grants,

work study). For more information, see https://studentaid.ed.gov/eligibility/criminal-convictions#drug-convictions (Fall 2014)

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ATTACHMENT 3 - UNIVERSITY OF ALABAMA DRUG-FREE CAMPUS AND WORKPLACE POLICY

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STATE OF ALABAMA & TUSCALOOSA CITY CODE ALCOHOL VIOLATIONS AND PENALTIES

VIOLATION PENALTIES CODE SECTION

CRIMINAL VIOLATIONS

Minor in Possession/Purchasing: State: Unlawful for

person under 21 years of age to purchase, consume,

possess, or transport alcohol, liquor or malt or brewed

beverages in the State.

City: Unlawful for person under 21 to be in possession or

under influence of alcohol

1. Jail: Not more than 30 days

Fine: $25-$100

2. Misdemeanor. Jail: Not more

than 3 months; Fine: $50-$500.

Mandatory suspension of driver’s

license for 90 days to 6 months

(including YO or juvenile status)

3. City Jail: Not more than 6

months Fine: Not more than $500

1. AL CODE §

28-1-5

2. AL CODE §

28-3A-25(a)

(18) & (b) (2-3)

3. CITY CODE §

3-44, § 1-8

Contributing to Delinquency of Minor: State: It is

unlawful for any parent, legal guardian, legal custodian, or

other person to willfully aid, encourage, or cause any child

(under age 19) to become or remain delinquent, which

includes furnishing alcoholic beverages or controlled

substances to the child.

Class A Misdemeanor.

Jail: Not more than 1 year

Fine: $6,000

AL CODE §

12-15-111

Aiding Minor in Obtaining Alcohol: City: It is unlawful

for a person, directly or indirectly, to falsely represent that

a minor is not a minor or is not of minority age under the

state alcoholic beverage licensing code, and, by means of

such false representation, to aid or abet, or attempt to aid

or abet, such minor person to buy, receive or otherwise

obtain, or aid and abet such minor person to attempt to

buy, receive, or otherwise obtain, from any licensee or any

other person, any alcohol

City Jail: Not more than 6 months

Fine: Not more than $500

CITY CODE §

3-17, § 1-8

Public Intoxication: State: Unlawful to appear in a public

place under the influence of alcohol, narcotics, or other

drugs to the degree that they endanger themselves, or

another person or property.

City: It is unlawful to be or remain in any area of a public

park while under the influence of alcohol.

1. Jail: Not more than 30 days

Fine: $25-$100

2. City Jail: Not more than 6

months Fine: Not more than $500

1. AL CODE §

13A-11-10

2. CITY CODE

§ 18-28 (2),

§ 1-8

Open Container: State: Unlawful for person to have in

his/her possession alcoholic beverages in an open

container in the passenger area of a motor vehicle of any

kind on a public highway or right-of-way of a public

highway.

City: Unlawful to drink or have in open or unconcealed

possession or custody for drinking any alcoholic beverage

at or in any public place (motor vehicle while on public

streets) other than a place licensed to sell alcoholic

beverages for consumption on the premises. Also unlawful

to possess alcohol for consumption in city park without

permission.

1. Class C Misdemeanor. Fine: No

more than $25

2. City Jail: Not more than 6

months Fine: Not more than $500

1. AL CODE §

32-5A-330

2. CITY CODE

§ 3-12; §18-28

(1); § 1-8

False Driver’s License/ID: State: Person under age of 21

may not knowingly use or attempt to use a false, forged,

deceptive, or otherwise non-genuine driver's license to

obtain or attempt to obtain alcoholic beverages within this

state. City: It is unlawful for any person under 21 to knowingly

present or possess a false instrument of identification or an

instrument of identification which misrepresents the age of

that person.

1. Misdemeanor. Jail: Not more

than 3 months; Fine: $50-$500.

Mandatory suspension of driver’s

license for 90 days to 6 months

(including YO or juvenile status)

2. City Jail: Not more than 6

months Fine: Not more than $500

1. AL CODE §

28-3A-25(a)

(21) & (b)(2) &

(c)

2. CITY CODE

§ 3-16; § 1-8

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VIOLATION PENALTIES CODE SECTION

Failure to Leave Licensed Premises on Request: City: If

owner of licensed premise (or employee or agent) asks any

person to leave, failure or refusal to immediately do so is a

misdemeanor.

City Jail: Not more than 6 months

Fine: Not more than $500

CITY CODE §

3-20; § 1-8

Underage Presence in Licensed Premises. City: It is

unlawful for any person to be in, on, or upon the licensed

premises of any establishment licensed by the ABC board

as a lounge retail liquor licensee, in violation of any state

law regulating the age of persons allowed on such

premises.

City Jail: Not more than 6 months

Fine: Not more than $500

CITY CODE §

3-41; § 1-8

Open House Party: State: No adult having control of any

residence, who has authorized an open house party at the

residence and is in attendance at the party, shall allow the

party to continue if alcoholic beverages or controlled

substances are illegally possessed or consumed at the

residence by a person under the age of 21 and the adults

knows this and fails to take reasonable action to prevent it.

Class B Misdemeanor

Jail: Not more than 6 months

Fine: Not more than $3,000

AL CODE §

13A-11-10.1

Driving Under the Influence (DUI): State: A person shall

not drive or be in actual physical control of any vehicle (or

boat) while: there is 0.08 percent or more by weight of

alcohol in his/her blood (unless under age 21, in which the

amount is 0.02 percent), or under the influence of alcohol,

or under the influence of any controlled or other substance

which impairs his/her ability to drive safely, or under the

combined influence of alcohol and a controlled substance

to a degree which renders him/her incapable of safely

driving, or under the influence of any substance which

impairs the mental or physical faculties of such person to a

degree which renders him/her incapable of safely driving.

1st DUI: Jail : Up to 1 year; Fine:

$600-$2000. Mandatory

suspension of license for 90 days

2nd DUI: Jail: Min. 5 days; Fine:

$1,100-$5,100. Mandatory

suspension of license for 1 yr.

3rd DUI: Jail: 60 days - 1 yr;

Fine: $2,100-$10,100. Mandatory

suspension of driver’s license for 3

yr.

4th

DUI: Prison: 1 yr/1day – 10

yrs; Fine: $4,100-$10,100.

Mandatory revocation of driver’s

license for 5 yrs.

City has same penalties

1. AL CODE §

32-5A-191

2. CITY CODE

§ 1-8

State Offenses: Any individual committing an offense

(misdemeanor, felony or violation) against the state

automatically commits an offense against the city

Unless otherwise provided: City

Jail: Not more than 6 months;

Fine: Not more than $500

CITY CODE §

17-1, § 1-8

CIVIL VIOLATIONS

Alabama Civil Damages Act. A person may be liable for

damages to a parent or guardian of a minor if that person

unlawfully sells or furnishes alcohol to the parent/

guardian’s minor child and if the person furnishing alcohol

had knowledge of or was chargeable with notice of the fact

that the child was under 21.

Civil cause of action -

compensatory and punitive

monetary damages determined by a

jury

AL CODE §

6-5-70

Alabama Dram Shop Act. Wives, children, parents, and

others who are injured by a person who received alcohol or

controlled substances contrary to Alabama law (underage

minor, providing unlawful controlled substance, serving

alcohol to visibly intoxicated person, etc.) may be liable

for damages against the person who provided the alcohol

or controlled substances to the underage minor or caused

the individual to become intoxicated or furnished a

controlled substance to that person.

Civil cause of action -

compensatory and punitive

monetary damages determined by a

jury

AL CODE §

6-5-71 & 6-5-72

( Fall 2014)